Donal Nolan, ‘Nuisance and Human Rights’

Abstract
The purpose of this chapter is to explore the different aspects of the relationship between the tort of private nuisance and the Human Rights Act 1998 (‘HRA’). The chapter is divided into three main parts. In the first part, I consider the ‘vertical effect’ of the HRA in environmental nuisance cases. In the second part of the chapter, I consider the relationship between the vertical effect of the HRA and the law of nuisance. In particular, I identify the advantages and disadvantages for a claimant of the two possible routes to redress, and the inter-relationship between the two types of claim when they arise on the same set of facts. And in the third and final part of the chapter, I consider the possible ‘horizontal effect’ of the HRA on the law of nuisance itself, looking in particular at the standing rules and the statutory authority defence. I conclude that the horizontal effect of the HRA on the law of nuisance is likely to be very limited.

Nolan, Donal, Nuisance and Human Rights (October 13, 2011) in David Hoffmann (ed), The Impact of the UK Human Rights Act on Private Law (CUP 2011) 165-194.

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